The possibilities for the common use of planning obligations are the guarantee of affordable housing and the definition of the nature and date of that dwelling; to make financial contributions to the provision of infrastructure or affordable housing. But these are not the only uses for a s106 obligation. A s106 obligation may: local planning authorities may consider including in their local list planning obligations or packaging heads for section 106 agreements. Write to the planning officer or compliance officer to confirm that all aspects of the legal agreement have been complied with. Under the Community Infrastructure Tax Regulations, any authority that receives a development contribution through the Section 106 levy or planning obligations must prepare an infrastructure funding statement. County councils are part of it. This can be done through a planning contract entered into by an ampagone on the land and the local planning authority, in accordance with Section 106 of the City Planning and Planning Act 1990; either by a unilateral commitment made by a person interested in the land without the local planning authority. An appeal may be brought if the authority does not change the planning obligation as requested or makes a finding within a specified time frame. Obligations that “are or must be made available to persons whose needs are not adequately served by the commercial housing market” fall within the scope of this new procedure. The High Court considered whether, on the basis of a framework permit for dwellings subject to the s106 agreement, Section 73 of the authorities was linked to the agreement for substantially identical development. Christopher Lockhart-Mummery QC analyzes the verdict. Unfortunately, the exemption was again called into question in September 2016. The Cambridgeshire and Elmbridge Councils raised planning claims and it was decided that if a new local plan had been adopted after 28 November 2014 (the date the exemption was introduced), it would outweigh the section 106 exemption.
The only robust strategy for amending your S106 commitment is to obtain a new building permit on a dual application, which is free if it occurs within one year of the issuance of consent (provided your Free Go has not yet been used). Authorized development should, by its very nature, be planningly acceptable, so that planning obligations would generally not be necessary. Planning obligations that have been made should be limited only to issues requiring prior authorization and should not, for example, include contributions for affordable housing. These agreements allow us to enter into a legally binding planning obligation with a developer in the context of granting the building permit. Within 14 days of receiving confirmation from the applicant and all the competent services of the Council, the requirements of the legal agreement have been met. If an application for approval of the plan is submitted to Council, we will consider whether the development would have a significant impact on the territory and the municipality. If the agreement is not completed within the required time frame, determine the application with a recommendation for rejection. Planning obligations in the form of Section 106 and section 278 agreements should only be used when unacceptable effects cannot be remedied by a planning condition. Future priorities for infrastructure and affordable housing spending should be defined in the infrastructure funding inventory, in line with current or on-plan policies. This should provide clarity and transparency to municipalities and developers regarding the infrastructure and affordable housing that should be made available.